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Prolix sought in sedition trial PDF Print E-mail
Thursday, 19 July 2012 09:43am
©The Star (Used by permission)
by QISHIN TARIQ

KUALA LUMPUR: The prosecution has applied for prolix in the sedition trial of lawyer P. Uthayakumar, saying the proceedings had dragged on for too long.

Within the context of the law, prolixity is defined as unnecessary and superfluous statement of facts in a case. The court is allowed to order prolix to control the length of proceedings deemed to be unnecessarily long.

“We understand that the accused deserves to defend himself, but his cross-examination of the first prosecution witness has gone on for so long, to the point of prolix,” said DPP Noorin Badarudin in her application yesterday.

“Bear in mind, the trial which started in 2009, is still only in its prosecution stage,” said Noorin, describing the extended cross-examination of former deputy Criminal Investigation Department director Datuk Acryl Sani as “borderline harassment”.

She added that Uthayakumar’s frequent outbursts of “cepat penjarakan saya (just jail me, already)” in response to the court denying his applications were unnecessary and gave the impression that the proceedings were a “mere formality”.

Uthayakumar, who represented himself, asked for the prosecution’s notes to prepare a written submission in reply to the prolix application.

“To be fair, if prolix is granted, I ask for five weeks, or at least two weeks to complete my cross-examinations,” said the Hindraf secretary-general.

The courtroom, which was packed with Hindraf supporters, was frequently interrupted by phones ringing in the public gallery, prompting courtroom officers to remove several individuals.

Sessions Court Judge Ahmad Zamzani Mohd Zain set Aug 13 for Uthayakumar to file his reply. The trial continues today.

Uthayakumar, 50, was charged in the Sessions Court here on Dec 11, 2007, with publishing a seditious letter on the Police Watch Malaysia website, dated Nov 15, 2007, addressed to then British Prime Minister Gordon Brown.

He faces up to three years in prison or fine of not more that RM5,000 or both upon conviction under Section 4(1)(c) of the Sedition Act.
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